Apply It: Third Party Beneficiaries

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Identifying the Facts and Issues

The principle that one who is not a direct party to a particular contract normally does not have rights under that contract is known as

select answer which FEB select answer have with

Flavell and which Jakes select answer have with Flavell.

An exception to the doctrine of privity of contract arises when a contract is intended to benefit a select answer party. A third party that is considered an intended beneficiary to a contract select answer sue the promisor for breach of contract. A third party that is considered an incidental beneficiary to a contract select answer sue the promisor for breach of contract.

In determining whether a beneficiary is an intended or incidental beneficiary, the presence of one or more of the following factors strongly indicates that the third party is an intended beneficiary to the contract: